Bound Brook City Zoning Code
21-7C CANNABIS
GROSS RECEIPTS; TAXES.
[Added 6-28-2022 by Ord. No. 2022-17]
a.
Every cannabis business shall submit a quarterly tax report to the Borough Clerk. The Borough may request an audit at the licensee's expense for any and all reasons or no reason at all. The burden of proving that any transaction is exempt from the tax shall be upon the licensee. It shall be the duty of every licensee to maintain, keep and preserve suitable records of all sales made by the licensee and such other books or accounts as may be required to determine the amount of the tax of which the licensee is liable under this section. It shall be the duty of every such licensee to keep and preserve for a period of five years all such books, invoices, and other records and the same shall be open for examination by the Borough Clerk or his/her designee.
b.
Liens.
1.
In the event that the transfer tax or user tax imposed by ordinance pursuant to the above section or this section is not paid as and when due by a cannabis establishment, the unpaid balance, and any interest accruing thereon, shall be a lien on the parcel of real property comprising the cannabis establishment's premises in the same manner as all other unpaid municipal taxes, fees, or other charges. The lien shall be superior and paramount to the interest in the parcel of any owner, lessee, tenant, mortgagee, or other person, except the lien of municipal taxes, and shall be on a parity with and deemed equal to the municipal lien on the parcel for unpaid property taxes due and owing in the same year.
2.
A municipality shall file in the office of its Tax Collector a statement showing the amount and due date of the unpaid balance and identifying the lot and block number of the parcel of real property that comprises the delinquent cannabis establishment's premises. The lien shall be enforced as a municipal lien in the same manner as all other municipal liens are enforced.
c.
All revenues collected from a transfer tax or user tax imposed by ordinance pursuant to the above section or this section shall be remitted to the chief financial officer of the municipality in a manner prescribed by the municipality. The chief financial officer shall collect and administer any transfer tax or user tax imposed by ordinance pursuant to this section. The municipality shall enforce the payment of delinquent taxes or transfer fees imposed by ordinance pursuant to this section in the same manner as provided for municipal real property taxes.